(together with Costs) the Sum of One hundred Dollars, which line shall be paid to Her Majesty for the Use of the Colony, and in Default of Payment to be imprisoned in the Common Gaol, with or without hard Labour, for any Period not exceeding Six Months unless such Fine and Costs be sooner paid, and, if the Magistrate shall so think fit, in any of the said Cases, shall be bound to keep the Peace and be of good Behavior for any Period not exceeding Six Months from the Expiration of such Sentence.
If the Magistrate dismiss the complaint he shall make out a Certificate to that Effect. 38. If the Magistrate, upon the Hearing of any Case of Assault or Battery upon the Merits, where the Complaint was preferred by or on the Behalf of the Party aggrieved, and shall deem the Offence not be proved, or shall find the Assault or Battery to have been justified, or so trifling as not to merit any Punishment, and shall accordingly dismiss the Complaint, he shall forth with make out a Certificate under his Hand stating the Fact of such Dismissal, and shall deliver such Certificate to the Party against whom the Complaint was preferred.
Certificate or Conviction shall be a Bar to any other Proceeding. 39. If any person, against whom any such Complaint as shall have been preferred by or on the Behalf of the Party aggrieved, shall have obtained such Certificate, or, having been convicted, shall have paid the whole Amount adjudged to be paid, or shall have suffered the Imprisonment or Imprisonment with Hard Labour awarded, in every such Case he shall be released from all further or other Proceedings, Civil or Criminal, for the same Cause.
These Provisions not to apply to certain Cases. 40. Provided, that in case the Magistrate shall find the Assault or Battery complained to have been accompanied by any Attempt to commit Felony, or shall be of Opinion that the same is from any other Circumstance, a fit Subject for a Prosecution by Information, he shall abstain from any Adjudication thereupon, and shall deal with the Case in all respects in the same Manner as if he had no Authority finally to hear and determine the same: Provided also, that nothing herein contained shall authorise any Magistrate to hear and determine any Case of Assault or Battery in which any Question shall arise as to the Title to any Lands, Tenements or Hereditaments or any Interest therein or accruing therefrom, or as to any Bankruptcy or Insolvency, or any Execution under the Process of any Court of Justice.
Assault occasioning Bodily Harm. 41. Whosoever shall be convicted upon an Information of any Assault occasioning actual bodily Harm shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour; and whosoever shall be convicted upon an Information for a Common Assault shall be liable, at the Discretion of the Court, or of a Police Magistrate,Common Assault.to be imprisoned for any Term not exceeding One Year, with or without Hard Labour.
Rape, Abduction, and Defilement of Women.
Rape. 42. Whosoever shall be convicted of the Crime of Rape shall be guilty of Felony and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.
Procuring the Defilement of Girl under Age. 43. Whosoever shall, by false Presences, false Representations or other fraudulent Means, procure any Woman or Girl under the age of Twenty-one Years to have illicit or carnal Connexion with any Man, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.
Carnally knowing a Girl under the Ten Years of Age. 44. Whosoever shall unlawfully and carnally know and abuse any Girl under the Age of Ten Years shall be guilty of Felony, and, being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.
Carnally knowing a Girl under the Ages of Ten and Twelve. 45. Whosoever shall unlawfully and carnally know and abuse any Girl being above the Age of Ten Years and under the Age of Twelve years shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.
Attempts to commit the last two Offences. 46. Whosoever shall be convicted of any indecent Assault upon any Female, or any Attempt to have carnal Knowledge of any Girl under Twelve years of Age, shall be liable, at the Discretion of the Court, to be imprisoned for any Tern not exceeding Two Years, with or without Hard Labour.
